Bilby v. Malone

LEACH, C.

This is an appeal by Russell I. Bilby and Nicholas V. Bilby, defendants below, from a judgment entered in the district court of Tulsa county in favor of Lydia Malone and Alex Scott, plaintiffs below, wherein the plaintiffs were adjudged to be the owners of a two-thirds interest in certain lands, the subject of the action, and decree was entered partitioning the lands between the parties plaintiff and defendant.

The facts necessary to an understanding of the case, which facts appear to be agreed upon by all parties, are in substance: Wilson McKellop, a full-blood Creek Indian, died,…